Fischer asks judge to move her trial to Putnam County

Jamesine Fischer, wife of Flagler County School Board Member John Fischer, has asked that any trial on her charge of leaving the scene of a crash involving death be moved to Putnam County.

FRANK FERNANDEZSTAFF WRITER

PALM COAST — Jamesine Fischer, wife of Flagler County School Board Member John Fischer, has asked that any trial on her charge of leaving the scene of a crash involving death be moved to Putnam County, according to court records.Jamesine Fischer, 56, is charged in the Nov. 10, 2011, accident that killed 76-year-old Francoise Pecqueur of Palm Coast as she walked her dog in the C-section. The fatal accident involved some unusual circumstances and may have contributed to Sheriff Don Fleming's defeat in November. The Flagler County Sheriff's Office handled the accident as a medical problem based on the initial call and did not send a deputy for about six hours.And Jamesine Fischer did not report the accident until after her husband called Fleming about 11 1/2 hours after the crash. Fleming later said John Fischer was a friend and called him to say that Jamesine Fischer believed she had hit an animal with her Chrysler PT Cruiser. Fleming said he told John Fischer to report the accident. The Fischers called the Sheriff's Office several minutes later.Jamesine Fischer is asking for a change of venue "because there is so great a prejudice against" her in Flagler County that "a fair and impartial trial cannot be obtained," according to a motion filed in circuit court.Defense attorney Josh S. Alexander's motion goes on to say that there has been substantial "pre-trial publicity." "Further, the tenor of the pre-trial publicity has been such that it unfairly and incorrectly implies the Defendant's guilt in this case," the motion states.Prosecutor Russ Bausch said in a phone interview Monday that no date has been set for a hearing on the motion to move the trial to Putnam County. Bausch said such hearings typically don't take place until shortly before a trial, and no trial date has been set. A hearing is scheduled for Jan. 9 before Circuit Judge J. David Walsh. But generally speaking, Bausch said, case law requires that at least an attempt be made to seat a jury before a trial is moved. "If there comes a point that it becomes obvious that you just can't get a jury in the county where the crime occurred, then the court would feel compelled to change the venue," Bausch said. Bausch is with the 18th Judicial Circuit, which covers Brevard and Seminole counties. The 18th Judicial Circuit got the case after 7th Circuit State Attorney R.J. Larizza requested the governor reassign the case because Fleming was a potential witness. That change is cited in an affidavit accompanying the motion to move the trial. Jamesine Fischer states in the affidavit that the "local State Attorney's Office had to conflict out of the case because of Flagler County Sheriff Don Fleming's involvement in the case, which could bias me in receiving a fair trial in Flagler County." In the affidavit, Jamesine Fischer also said her settlement with the victim's family had been reported and could create a bias against her.Jamesine Fischer's insurer, State Farm, settled for $1.25 million with Pecqueur's daughter, Catherine Vyvyan. Attorney Steven Alexander, who leads Jamesine Fischer's defense, declined to comment on the case when his office was reached by phone Monday.Jamesine Fischer is accused of violating state law by failing to call 9-1-1 for help and by not telling emergency workers at the scene that she may have struck Pecqueur, according to a charging affidavit. She also violated the law by not reporting the crash an hour later when she said she saw the damage to her vehicle's windshield, charging documents state. "While at the scene, Mrs. Fischer attempted to mislead medical personnel and bystanders at the scene as to the events of the crash by leading them to believe that there had been no collision but that Mrs. Pecqueur had fallen, " according to the affidavit. Jamesine Fischer is free on $30,000 bail.